UPDATE: PHMSA issues Final Rule to Amend HMR to Align with International Regulations and Standards
PHMSA Final Rule Amendment - March 30, 2017
On March 30, 2017, the US DOT’s PHMSA issued a Final Rule to amend the HMR to maintain consistency with international regulations and standards including that of the International Maritime Dangerous Goods Code (IMDG), the International Civil Aviation Organization’s (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods – Model Regulations. Changes include: proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. Additionally, several amendments were adopted to the HMR that result from coordination with Canada under the U.S. – Canada Regulatory Cooperation Council.
Notable amendments to the HMR in this final rule include the following:
-Incorporation by Reference
-Hazardous Materials Table
-Provisions for Polymerizing Substances
-Modification of the Marine Pollutant List
-Packaging Requirements for Water-Reactive Materials Transport by Vessel
-Hazard Communication Requirements for Lithium Batteries
-Engine, Internal Combustion/Machinery, Internal Combustion
-U.S.-Canada Regulatory Cooperation Council (RCC) Amendments
Effective date: March 30, 2017, except for instruction 22, which is effective January 2, 2019.
Voluntary compliance date: January 1, 2017
Delayed compliance date: January 1, 2018 (unless otherwise specified)
Additional noteworthy changes:
New special provision 422 is assigned the following Hazard Materials Table entries:
UN 3480, Lithium ion batteries including lithium ion polymer batteries
UN 3481, Lithium ion batteries contained in equipment including lithium ion polymer batteries
UN3481, Lithium ion batteries packed with equipment including lithium ion polymer batteries
UN 3090, Lithium metal batteries including lithium alloy batteries
UN 3091, Lithium metal batteries contained in equipment including lithium alloy batteries
UN 3091, Lithium metal batteries packed with equipment including lithium alloy batteries
Special provision 422 states:
For packages containing lithium batteries that require labels, the new lithium battery Class 9 label shown in §172.447 is to be used. PHMSA is providing a transition period, consistent with the UN Model Regulations, which would authorize labels conforming to requirements in place on December 31, 2016 to continue to be used until December 31, 2018. When Class 9 placards are used they must conform to the existing requirements in §172.560.
§172.447 LITHIUM BATTERY label
The Class 9 lithium battery label shown above replace the standard Class 9 label on a package when shipping fully regulated UN3480, UN3481
Lithium Battery Mark
A new lithium battery mark was adopted to replace the former.
* must be replaced by the appropriate UN number(s)
** must be replaced by a telephone number for additional information
A transition period has been allowed for shippers to deplete their current stock of labels / packaging and use the old mark or the new mark. The new mark becomes mandatory December 31, 2018.
Packages must be rigid and capable of withstanding the requirements of the 1.2 meter drop test.
The package dimensions must be large enough to fit the handling mark without the mark being folded.
The marks, "Damaged/defective lithium ion battery" and/or "Damaged/defective lithium metal battery" must be present on the outer package containing damaged or defective cells or batteries and must be in characters at least 12 mm (0.47 inches) in height.